GPIL – German Practice in International Law

Published: 21 January 2021 Author: Stefan Talmon

On 5 December 2014, 10 members of the UN Security Council wrote a letter to the Council’s President expressing their deep concern about “the scale and gravity of human rights violations” in the Democratic People’s Republic of Korea (DPRK or North Korea), and requested that the situation in the DPRK be formally placed on the Council’s agenda. The matter was taken up at the 7353^rd Council meeting on 22 December 2014. The 10 Council members first sought the establishment of a new agenda item, “The situation in the DPRK”, under which the Council could, as a matter of urgency and then as necessary, consider the serious and deteriorating human rights situation in that country. Second, they requested that a formal meeting under the agenda item should be held immediately. The establishment of agenda items and the adoption of the agenda at a meeting are procedural matters, decisions on which require the affirmative vote of nine Council members. China and Russia were opposed to both matters, arguing, inter alia, that human rights issues did not fall within the mandate of the Security Council, which was the maintenance of international peace and security, and warning against the politicisation of human rights issues. The agenda was adopted with 11 votes in favour, 2 against (China and Russia) and two abstentions (Chad and Nigeria). (more…)

Published: 19 January 2021 Authors: Stefan Talmon and Julian Craven

During the Six-Day-War in June 1967, Israel captured the Gaza Strip, the West Bank – including East Jerusalem – and the Syrian Golan. It has occupied these territories ever since. In 1980, Israel annexed East Jerusalem, and in the following year it annexed the Syrian Golan. Both acquisitions of territory were not recognised by the international community, which considered these annexations null and void and without international legal effect. The United Nations and most States, including Germany, continue to regard Israel as the “occupying Power” in the territories captured in 1967, to which the provisions of the Fourth Geneva Convention continue to apply. Notwithstanding the position of the international community, over the years Israel has moved some 25,000 Israeli settlers to the Syrian Golan, who today live in the territory alongside the remaining Syrian Druze population, which is about equal in size. In the West Bank, more than 611,000 people live in 131 official Israeli settlements and some 110 so-called “out-posts” without any legal basis. Some 210,000 of these Israeli settlers live in annexed East Jerusalem and in the Palestinian areas which Israel incorporated into Greater Jerusalem. In 2005, Israel evacuated all settlements in the Gaza Strip. Today, about 11% of the Israeli population live in settlements in the occupied or annexed territories. The Israeli settlements are of varying forms and sizes: while some are proper cities with several, sometimes tens of thousands of inhabitants and comprehensive infrastructure, others are little more than a few buildings or mobile homes. Some of the settlements are independent towns, while others lie on the edge of or as enclaves within Palestinian towns. Israeli settlements are accompanied by the building of roads and other infrastructure in the occupied territories. Settlement activities in strategic locations, especially around East Jerusalem, foreclose the creation of a viable and contiguous State of Palestine and thus make impossible any negotiated two-State solution of the Israeli-Palestinian conflict. (more…)

Published: 14 January 2021 Authors: Stefan Talmon and Roman Kenny-Manning

On 19 November 2020, the Higher Regional Court in Stuttgart sentenced the 32-year-old Syrian national Fares A. B. to 12 years’ imprisonment for, inter alia, an attempted war crime against persons by killing and a war crime against persons by torture, as well as membership of the foreign terrorist organisation “Islamic State” (IS). (more…)

Published: 12 January 2021 Author: Stefan Talmon

The Islamic Defenders Front, commonly known by its Indonesian acronym, FPI, is a controversial and politically influential hardline Islamist group. Founded in 1998, the FPI has gained notoriety for intolerant views against people of different faiths and vandalism on businesses such as bars and brothels they consider an affront to the Islamic law. On 10 November 2020, the spiritual leader of the group, Muslim cleric Muhammad Rizieq Shihab, returned to Indonesia from self-imposed exile in Saudi Arabia to rapturous crowds,  and called for a “moral revolution”. The return raised concerns of reigniting tensions between the largely secular government and the FPI in the world’s biggest Muslim-majority country. On 7 December 2020, six FPI supporters were killed in a shootout with police; five days later, Rizieq was arrested for breaching coronavirus restrictions by holding gatherings of thousands of people. On 18 December 2020, the FPI staged a protest in Central Jakarta demanding an investigation into the death of the six FPI members and the release of the FPI leader Rizieq Shihab. On 30 December 2020, the Indonesian Government outlawed the FPI with immediate effect. It was stated that nearly 30 of its leaders, members and former members had been convicted on terrorism charges and because the group conflicted with the nation’s State ideology, Pancasila, which emphasises unity and diversity. (more…)

Published: 08 January 2021 Author: Stefan Talmon

As it seems to have become customary for blogs to publish the statistics at the beginning of the year, we are happy to share the 2020 statistics for GPIL: (more…)

Published: 07 January 2021 Author: Stefan Talmon

Throughout the year, Germany makes numerous statements on international law. Not all these statements form part of a case study presented on GPIL. However, these statements may nevertheless be of interest to international lawyers. We therefore compile these statements on a monthly basis. (more…)

Published: 05 January 2021 Authors: Rohan Sinha and Stefan Talmon

Nord Stream 2 is a 1,230 kilometre underwater natural gas pipeline project through the Baltic Sea. The pipeline passes through the territorial sea and/or Exclusive Economic Zone of Russia, Finland, Sweden, Denmark, and Germany. The construction of the pipeline began in 2018 and by the end of 2019 the project was almost compete, having received all necessary construction permits from the coastal States. Upon completion, Nord Stream 2 will deliver natural gas from Russia to Germany, adding to the supply provided by the existing Nord Stream pipeline which runs largely parallel to it. The total export capacity of Nord Stream 2 is projected to be 55 billion cubic meters of gas per year, which is the same capacity as the already operational Nord Stream pipeline. (more…)

Published: 23 December 2020 Authors: Stefan Talmon and Anna Dickmann-Peña

On 14 October 2006, the UN Security Council imposed sanctions on the Democratic People’s Republic of Korea (DPRK) in response to the country’s development and testing of nuclear weapons and ballistic missiles in flagrant disregard of relevant Security Council resolutions. In order to oversee the implementation of the sanctions, the Council, in resolution 1718 (2006), established a Committee consisting of all Council members (DPRK Sanctions Committee or 1718 Committee). According to the Guidelines for the work of the Committee, all decisions are made by consensus. The Chair of the Committee is encouraged to consult with Committee members before submitting an issue for decision. If consensus cannot be reached, the Chair may undertake such further consultations as may facilitate agreement. If despite best efforts no consensus can be reached, the Chair may bring the issue to the attention of the Council. In 2019-2020, the Committee was chaired by the Permanent Representative of Germany to the UN, Ambassador Christoph Heusgen. (more…)

Published: 22 December 2020 Author: Stefan Talmon

During the meeting of the UN Security Council on “The situation in the Middle East” on 5 October 2020, the Russian Federation, as President of the Council, proposed to invite Mr. José Bustani to brief the Council on the investigation of the use of chemical weapons in Syria by the Organization for the Prohibition of Chemical Weapons (OPCW). Mr. Bustani, who had been Director-General of the OPCW from 1997-2002, was to be invited under Rule 39 of the Council’s Provisional Rules of Procedure. However, Germany and five other Western member States of the Council objected to him being invited because the purpose of the meeting was to review the implementation of resolution 2118 (2013) and the OPCW Executive Council decision of 27 September 2013 on the scheduled destruction of Syria’s chemical weapons. The Western States argued that, as Mr. Bustani had left the OPCW more than a decade before the issue of chemical weapons in Syria came before the Council, he was not in a position to provide relevant knowledge or information on the topic of the meeting. The objection must also be seen against the background of Mr. Bustani having been critical of the OPCW’s investigation of the use of chemical weapons in Syria and Russia’s policy of undermining the credibility of the OPCW and trying to call into question the use of chemical weapons by its ally, the Syrian Government of President Bashar al-Assad. (more…)

Published: 16 December 2020 Author: Stefan Talmon

Throughout the year, Germany makes numerous statements on international law. Not all these statements form part of a case study presented on GPIL. However, these statements may nevertheless be of interest to international lawyers. We therefore compile these statements on a monthly basis. (more…)